Telegram-herald., 1887-08-23
WOMAN SENT TO JAIL
FoR sLLEoE8 c0aTENPT o coesT.
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Naessd. en4fsst sisA ne n1EdeF ef szs
3'a nsaa ~ VHsfa. Vas c1at.nasd te1sze
Jassses Nssil4ll yssssri4g mefnizs. kks
44sss.Qa az issas 5sin5 tae aca.zslos of tas
tesstmcny " Mrs AaeaEd. TEs Cs1ss ral-
e1 thaG her testimony vas admissible. -
iar as tns younger brother sss eoaesz1s<.
11t not - Tie ds1inlsnt Of her k2t4Da.
The prosecution then opened the case ts
aszlns her q1est'oa. snsa sns refused -
reply eo1nssl foF the deisnse elalminx tkst
tne 4csstl0n lad a bearing upon ia
charges against her husband. Attsrzsy
Rogers. for the dsiense, read decisions a11
presented citations and John Fairfield en-
ph4sized them sad added tzat there wss ne
p04er that could compel witness - testify
against Wa AacsTd. as every portion OF
suca testimony would DC equally against
her naseand- Il don't KNOW II What stat
Mrs.. Aseafd u made. said Mr. Fairfield,
~UuI / know that II Mr.. Carroll. Or 4ny
other maa, should asa nv vile - testify
against the character OF heF husband see
wodia poll every hair of bis head out before
she would DO il. believe your wife would
do tie same. SIR. directing MS attention 70
the court ] believe that : The kind Of
woman AFs. Aacard IS.
Ex.gudge Parrish. also for the defense
argued against Ihs sIte's tsstiNing upon
the grourds OF public policy, watch hs
believed w4s responsible. Ia iarse nae@sure
for good laws.
We are not considering this question
upon the ground o. public policy said the
Court We ars considering II upOn rhe
law-the statutes laid down aud established.
/ have had no arguments brought before
me 70 convince RE AIRS. Aacard saould not
give her testimony As concerning VIM.
Macarc-sne may Enswer the question
Ine question asked was whether or not
she was acquainted with the defendant
Wm. Macasd.
The question was put a second time
without any response. AF. Carroll insisted
upon al answer
y refuse to answer the question" said
the witness.
Upon what grounds,' asked the Court.
II pom the ground that would be testi-
| tying sgsinst my husband" was the an
sser,
Mr.. Carroll insisted.
The witness was stubborn, notwithstand-
/ ing the Courts assurance that he would
be very glad TO have her answer tbs ques-
ton
She's been instructed not TO answer the
| question" shouted Attorney Fairfield.
| This brought Mr.. Carroll up in an in
slant, and the four attorneys looked ex-
| cited and ready tor a contest.
This case Is assuming new phase
| one l was not looking for, said the prose-
| cutor. For the first time in nay life |
| am called upon to witness so defiant an
action upon the part of three such able
attorneys. / never saw such disrespect
| manifested toward court: tits in defiance OF
all decency for counsel 10 proclaim. in the
face OF a decision made by any court, that
4 they have instructed q witness TO open de
| rance. that they haze asked this woman to
| place herself in a position where with her
| little baby. she may be sent TO jail for con-
tempt I am astouished at this proceed
| ing. and am ashamed Al my brethren
| Attorney Fairfield modified his remarks
| by saying counsel for defense had instruct
ed the woman only as TO the law; they
/ didn't wish to say thev had instructed her
not to testify. II give Mr.. Carroll notice,
right here and now" said Mr.. Fairfield,
'-tha. the counsel for defense will follow
the case stepby step just as closely as he
| and this Notwithstanding his dramatic
/ effort 10 cry down our action. / know this
| woman cannot be made TO testify against
these defendants; know it as well as l
| know that I live. and we DO not propose.
| even II the prosecutor has decision 10 the
1 contrary, 20 see her do wrong We do not
| propose TO see her establish legal record
that ls contrary TO all precedent, and We
won't either if the Heavens fail. We are
taxing our legal course know we'll what
We are doing. and il | hEd my say and this
woman would follow my instructions she
would not testify in .the case if sue went to
| Jail aud remained there until the end of
ner days. II the court holds 10 this ruling.
/ she must be cent there. the court can do
| nothing else - ks1 - Ssssz,s s>sS 49,
she wOnt remain there long" said At
! torney Parish.
| Mr. Carroll insisted his question should
be answered, or that the Judge should PEI,
/ form bis whole duty in case Il was not.
| II would like the lsdy to answer the
| question" said Judge Westfall. Il haze TO
/ commi; her, with her little babe. 10 Jail.
/ would ike little more tinae on this ques-
| ton, gentlemen, don't want to do a rash
/ act, this "a something of surprise to me,
| and I'm not prepared for it-want a little
more time. the Prosecuting Attorney better
| call another witness and III decide this
/ question without haste"
M. Carroll wanted the answer. and asked
! witness if she realized the position she had
placed herself in by her refusal.
| There was no response.
Il want to De sure 1 AM just right" said
| the Court, and then we'll 20 ahead.
| think another witness better oe called and
will have more time to mink over this
| matter.
Then I'll let the witness go for the pres-
! Carroll. Il shall insist upon an answer.
! Mr.. Voss can take the stand"
! John :. Noss vas sworn. He testified
! II reside IN Wyoming aud sm constable;
/ kn0W the respondents and knew Michael
y Hara ia his life tine have known them
| ABOUT five years. I saw Michael OHars
/ upon August a. my house, abOu; O'Clock
a. m. saw him sgain in the afternoon al
! tbe nsrS e. his potato patch. went up there
1 4r-e. e-r,.erh hfr.r N~z Nara~f easR Il rorrrt
| OHsra laying ny the roadside dead. Mr.
| Miller a8d several men were there, / saw a
/ gun lying beside OHara. the butt Of the
gun was toward tie south, the hammer Of
/ rne grn vas not raised I put lap robe
over ths body, took the gun % my house
and drove 20 the city alter the Coroner
Crcss-esamined. II live south aud east
Of Charles Mscard's never owned the gun
% Hafa had. y Hars came TO nv house and
We raksd np some hay. took scout three
hours 20 rake up the hay. he isft my house
I tweoty minutes Of =. went 20 bis home
from my place hsve heard o usra firing
OIL = gun. nnt don { know which way ne
Vas Hring. I TOOK gun home SO as % pre-
.srve s. fgsd is Of, don't know what &c vas
loaded With. ! never heard O'Eaa make
thresfs szairsfthe Mcrsrd bows. have heard
him talk Against them when be appeared
g. Be mad. told ban that sunday m8rn-
inx net 10 take his guu. ne sad ha vas
gong TO defend himself was Afraid the
Aagard boys would pound him again.
ztiess q HAra vss saicx tempered man
iidnt knov but he m ght 10 sorne hsrrn
WITH the gun. I have known Chsfles IA
card "a - seue 4uSrrel 7E some Sith nv
s.s we bad some trouble, ~ never came
"a sa- slows Never sA~ o'Hsrs tsse rs
gua a~er 20 TIE pofano patch before. the
gun - = sinsls-esrrsiesi, nazzis-losdinx
shot gun"
TAe ooart then adjourned Rnfil sfts-nocn
wher Mrs. Ascsrd wss again Pot ~ ne